Go to Database Directory || Go to CISG Table of Contents || Go to Case Search Form || Go to Bibliography

CISG CASE PRESENTATION

New Zealand 10 May 2002 High Court, Auckland (KA (Newmarket) et al. v. Hart et al.) (Interior decoration items case)
[Cite as: http://cisgw3.law.pace.edu/cases/020510n6.html]

Primary source(s) of information for case presentation: Henning Lutz

Case Table of Contents


Case identification

DATE OF DECISION: 20020510 (10 May 2002)

JURISDICTION: New Zealand

TRIBUNAL: High Court, Auckland

JUDGE(S): Heath

CASE NUMBER/DOCKET NUMBER: CP 467 SD 01

CASE NAME: KA (Newmarket) Limited, Private Lives Interiors Limited, Annalisa Haskell and Anoushka Haskell v. Wendy Elizabeth Hart and Valdepesa Textil SA

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Spain (defendant)

BUYER'S COUNTRY: New Zealand (plaintiff)

GOODS INVOLVED: Interior decoration items


Excerpt from case text

The CISG is referred to as follows in para. 68 of the opinion:

     "[T]he cause of action which purports to rely upon a term implied into the Sydney contract by the Sale of Goods 1908 must fail. The Sale of Goods Act 1908 does not apply to transactions between parties in Australia and New Zealand. The rules which apply to contracts for the sale of goods between Australia and New Zealand are set out in the Sale of Goods (United Nations Convention) Act 1994 which adopts, as part of New Zealand law, the Vienna Convention on Contracts for the International Sale of Goods which was adopted by the General Assembly of the United Nations in 1980; for background see the Law Commissionís report, the United Nations Convention on Contracts for the International Sale of Goods; New Zealandís Proposed Acceptance (ZLC R 23 June 1992). Thus, the pleading which relies upon the Sale of Goods Act 1908 must fail because that enactment deals only with domestic New Zealand transactions."

Go to Case Table of Contents


Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: [-]

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

Go to Case Table of Contents


Editorial remarks

Go to Case Table of Contents


Citations to case abstracts, texts, and commentaries

CITATIONS TO ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (English):

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

Go to Case Table of Contents
Pace Law School Institute of International Commercial Law - Last updated October 20, 2003
Comments/Contributions
Go to Database Directory || Go to CISG Table of Contents || Go to Case Search Form || Go to Bibliography